Normally, powers of attorney come to an automatic end if the grantor (the person who makes it) becomes incapacitated. By stating that the power of attorney is ‘durable’ the power of attorney does not automatically terminate on the grantor’s incapacity. Instead, it continues in force (if it is already operational) notwithstanding the incapacity or, as in many cases, it can actually come in to force upon the grantor becoming incapacitated.
It’s a great estate planning tool in our view and really should be in everybody’s estate plan. Have a look at some of the articles in our Learning Center and you’ll get a good understanding of how a durable power of attorney can benefit you.
If you have any more questions, just let us know. 🙂